EXPORT LICENCE
Open General Export Licence (Military Goods:
Collaborative Project Typhoon)
Dated 20 June 2016, granted by the Secretary of State.
The Secretary of State, in exercise of powers conferred by Article 26 of the
Export Control Order 2008 1 ("the Order"), hereby grants the following Open
General Export Licence:
Licence
1.
Subject to the following provisions of this Licence, goods (including
software and technology), specified in Schedule 1 may be exported
from the United Kingdom to any destination in a country specified in
Schedule 2 provided that;
(1)
in the case of an export to Australia, Austria, Belgium, Canada,
France, Germany, Ireland, Italy, Luxembourg, Norway, Poland,
Spain, South Africa, Switzerland, the UK or the USA (ie all listed
destinations in Schedule 2other than Kuwait, Oman or Saudi
Arabia) the goods are for the production, development or
maintenance of Typhoon; or,
(2)
in the case of a final export to Kuwait, Oman or Saudi Arabia, the
goods are for the maintenance of Typhoon (for the avoidance of
doubt, this does not prevent exports for the development or
production of Typhoon for end-use in Kuwait, Oman or Saudi
Arabia); and
(3)
the goods are exported pursuant to an eligible contract
(approved under paragraph 3(2)).
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S.I. 2008/3231, as amended
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(4)
the goods are exported either to a contractor (including subcontractors) working on the production, development or
maintenance of Typhoon or in the case of exports directly to a
Partner Nation or Permitted Export Customer the goods are for
maintenance only; and
(5) the goods are not intended to be re-exported, or to be incorporated
into other goods which are or may be intended to be exported, unless
to a destination in a country specified in Schedule 2 and for a
purpose consistent with sub-paragraph (1), (2) and(6); and
(6) the goods are for the end-use of the Governments of Austria,
Germany, Italy, Kuwait, Oman, Saudi Arabia, Spain, or the United
Kingdom.
Exclusions
2.
This Licence does not authorise the export of goods:
(1) if the exporter has been informed by a competent authority that the
goods are or may be intended, in their entirety or in part, to be used
in connection with the development, production or dissemination of
chemical, biological or nuclear weapons, or other nuclear explosive
devices or the development, production or storage of missiles
capable of delivering such weapons;
(2) if the exporter knows that the goods are intended, in their entirety
or in part, to be used in connection with one of the activities referred
to in sub-paragraph (1); or
(3) if the exporter has grounds for suspecting that the goods might be
used, in their entirety or in part, in connection with an activity
referred to in sub-paragraph (1), unless they have made all
reasonable enquiries as to their proposed use and satisfied
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themselves that they will not be so used;
(4) if the exporter has been informed by a competent authority, or is
otherwise aware (e.g. from information received from the
manufacturer), that the goods have been classified under the
Project Security Instructions as NATO CONFIDENTIAL or above,
unless the exporter has a current written Security Transportation
Plan that relates to those goods;
(5) unless required for Project Typhoon;
(6) to a destination in a Customs Free Zone;
(7) for aircraft production licensed to take place outside the
Partner Nations, or for exports to local companies engaged by a
Permitted Export Customer to assemble or maintain aircraft.
Conditions and Requirements
3.
The exporter must comply with the following conditions and
requirements:
(1) before first exporting goods under this Licence, the exporter must
have informed the Secretary of State of their intention to export
goods under this Licence, specifying the name of the exporter and
the address at which copies of records of their exports may be
inspected under condition 3(5) below;
(2) the exporter must obtain, prior to making any exports pursuant
to this Licence, written approval from the Ministry of Defence
Arms Control & Counter-Proliferation Policy (ACP) confirming
that an eligible contract is in place and the goods to which it
relates may be exported to a country of destination covered by
this Licence.
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(3) for final exports to Permitted Export Customers, companies must
also have the proposed export of goods that have been security
classified under the Project Security Instructions NATO
RESTRICTED or above, approved by the Ministry of Defence under
MOD Form 680 and the clearance approval must not have expired
at the time the export takes place;
(4) in the case of intangible technology transfers it is prohibited to
export technology that has been classified under the Project
Security instructions NATO RESTRICTED or above, unless:
(a)
the transmission is protected by encryption appropriate
to the classification of the data, and
(b)
the exporter holds any necessary clearance from a
government accreditation authority that can be
produced to the Compliance Officer.
(5) the exporter shall maintain the following records in respect of
the export of goods under this Licence:
(a)
the date of export;
(b)
the name and address of the consignee to whom the
goods are to be exported;
(c)
a description of the goods exported;
(d)
any MOD clearance letters or approvals referred to in 2(4)
above;
(e)
MOD confirmation of eligibility – see paragraph 3(2); or
(f)
for final exports to Permitted Export Customer end- users
– the MOD Form 680 clearance letter and other
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documentation referred to in paragraph 3(3),
(g)
for intangible technology transfers any clearance
referred to in paragraph 3(4)
(6) any such records shall be maintained for at least four years after the
date of the relevant export and the exporter shall permit the
records to be inspected and copied by any person authorised by the
Secretary of State or the Commissioners;
(7)
any release of information must be made in accordance
with NETMA and Partner Nation procedures;
(8)
except in the case of an export of technology by telephone, fax or
other electronic media, official and commercial export
documentation accompanying the goods shall include a note
stating either,
(a)
"the goods are being exported under the OGEL (Military
Goods: Collaborative Project Typhoon)"; or
(b)
the SPIRE reference (in the form ‘SPIRE reference
GBOGE 20??/?????’) of the exporter’s registration in
respect of this Licence,
which shall be presented to an officer of UK Border Agency if so
requested;
(9) prior to audit, the ECO will issue a pre-visit questionnaire (PVQ).
This must be completed, in full, and returned by the date given.
(10) the exporter shall notify the Secretary of State of any change in
the address referred to in paragraph 3(1)above not later than 30
days after that change.
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(11) where the exporter has received a warning letter sent on behalf of
the Secretary of State which identifies failure to comply with this
Licence or a provision of applicable export control legislation, the
exporter shall take such steps as are identified in that warning
letter (within the timescale stated) in order to restore compliance
with the Licence. Without prejudice to article 34 of the Order,
failure to comply with this condition may result in this Licence
being revoked or suspended until the exporter can show
compliance to the satisfaction of the Export Control Organisation.
The exporter will be notified in writing of any such suspension or
revocation and the initial period of such suspension or revocation.
Where at the end of this initial period, the exporter has not shown
compliance to the satisfaction of the Export Control Organisation,
the period of suspension or revocation may be extended. The
exporter will be notified of such an extension in writing.
(12) the Secretary of State has the power to vary or withdraw export
licences at any time. If you do not use this licence within any 24month period for an export allowed by this licence, your
entitlement to use it will automatically run out at the end of
that 24-month period and your registration details will be removed
from SPIRE. However, you can register for this licence again if you
want to use it after your registration has ended.
(13) you must update the ‘Open licensing returns’ within SPIRE,
for all exports or trade carried out within each calendar year. You
must update the returns by the last day of the following January at
the latest (for example, you would need to update the January to
December returns by the end of the following January) and include
all the information required. You do not have to report on
technology transfers.
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Prohibitions not affected by this Licence
4.
Nothing in this Licence shall affect any prohibition or restriction on the
exportation, or carrying out of any other act in respect of the
exportation, of anything in Schedule 1 under, or by virtue of, any
enactment other than a prohibition or restriction in the legislation
under which this Licence was issued, as set out in the Licence itself.
Interpretation
5.
For the purpose of this Licence:
(1) "the Act" means the Export Control Act 2002 2 ;
(2)“collaborative project”, means a programme in which the UK
Government is a participant.
(3)
a “Customs Free Zone” is a part of a territory of a country where
any goods introduced are generally regarded, in so far as import duties
and taxes are concerned, as being outside the Customs territory of that
country, and are not subject to the Customs controls that would
otherwise apply;
(4) “export” includes transfer by electronic means and
cognate expressions shall be construed accordingly;
(5)
goods” includes software and technology;
(6)“MOD Form 680” is the means by which the Government assesses
proposals by companies to release classified information or goods
to foreign entities. An MOD Form 680 approval is not an approval
to use an Open General Export Licence. It is a separate security
requirement
2
2002 c.28
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(7)“NETMA” means the NATO Eurofighter and Tornado Management
Agency.
(8)
“Partner Nation” means the Government of Germany, Italy,
Spain or the United Kingdom.
(9) “Permitted Export Customer” means the Government of
Austria, Kuwait, Oman or Saudi Arabia.
(10) “Project Typhoon” means the development and production by
NETMA and Eurofighter GmbH within the framework of a
collaborative project of an advanced multi-role twin-engine
fighter aircraft (referred to in this Licence as “Typhoon”).
(11) “maintenance” means any phases of through life support
i.e., including supply of replacement components for the
seven end- users.
(12) “Typhoon” has the meaning set out in sub-paragraph (10).
(13) unless the context otherwise requires, any other expression
used in this Licence shall have the meaning it has in the Order
or, if not defined there, the Act.
Entry into Force
6.
This Licence shall come into force on 23 June 2016.
7.
The Open General Export Licence (Military Goods: Collaborative Project
Typhoon) dated 6 October 2015 is revoked.
An Official of the Department for Business,
Innovation and Skills authorised to act on
behalf of the Secretary of State
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SCHEDULE 1
GOODS CONCERNED
Any of the following goods, software or technology
(excluding complete aircraft), specified in Schedule2 to
the Order:
1.
ML2.a:27mm Cannon for Typhoon;
2.
ML4.b: Aircraft armament role equipment (including missile
release units, eject release units and missile launchers), specially
designed for military use, used on the Typhoon;
3.
ML5: Fire control equipment, specially designed for Typhoon, and
specially designed components therefor;
4.
ML10.a: Typhoon components;
5.
ML10.d: Typhoon engines and specially designed components
therefor;
6.
ML10.e: Typhoon airborne equipment and components therefor;
7.
ML10.f: Ground-based equipment specially designed for the
operation, handling, maintenance, checking, repair, overhaul and
refurbishment of aircraft and aero engines and test equipment to
support the Typhoon;
8.
ML10.g: Equipment for Typhoon;
9.
ML10.h: Parachutes for Typhoon;
10.
ML11.a: Electronic equipment for Typhoon;
11.
ML14: Typhoon training simulators and specially designed
components therefor;
12.
ML15: Imaging or countermeasure equipment, for Typhoon, and
specially designed components therefor;
13.
ML16: Castings, forgings and other unfinished products for use on
the Typhoon;
14.
ML17.c:Fittings, coatings and treatments for signature
suppression, for Typhoon;
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15.
ML17.f: Libraries (parametric databases) specially designed for
Typhoon and related ground equipment;
16.
ML17.h: Goods and material, coated, treated or prepared to
provide signature suppression for Typhoon;
17.
ML17.l: Containers for Typhoon equipment;
18.
ML18.a: Typhoon production equipment and specially designed
components therefor;
19.
ML18.b: Typhoon environmental test facilities and specially
designed equipment therefor;
20.
ML21: Software for the above equipment;
21.
ML22.a: Technology for the above equipment;
22.
ML22.b.1: Technology for production installations for the above
equipment.
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SCHEDULE 2
DESTINATIONS CONCERNED
This export authorization is only valid for the following
destinations:
Australia, Austria, Belgium, Canada, France, Germany, Ireland, Italy,
Luxembourg, Norway, Poland, Spain, South Africa, Switzerland, UK,
USA
and
In relation to exports for maintenance purposes only:
Kuwait, Oman, Saudi Arabia.
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EXPLANATORY NOTE
(This Note is not part of the Licence)
1.
This Open General Export Licence has been amended to add Kuwait
to the list of permitted destinations specified in Schedule 2
(Destinations Concerned) and also to update paragraph 1 accordingly.
This follows the Ministry of Defence announcement on 5 April 2016
that Kuwait has signed a contract to invest in Typhoon combat
aircraft - https://www.gov.uk/government/news/kuwait-joins-thetyphoon-family.
Paragraph 1(1) has been split into two distinct paragraphs (1) and (2)
to make a clearer distinction for exports destined for maintenance
only and relevant paragraphs have been renumbered. The licence has
also been amended to remove specific reference to the names of
consortium members (as previously listed in paragraph 5(3)) and to
update paragraph 1(4) previously 1(3) to refer to contractors and
Permitted Export Customers/Partner Nations.
2.
This Open General Export Licence permits, without further authority
but subject to certain conditions, the export of goods specified in the
Schedule 1 to the licence, in support of collaborative Project Typhoon
to the countries specified in Schedule 2.
3.
The goods may only be exported under this Licence if they satisfy
certain conditions. These include that they are intended for enduse by the Governments involved in collaborative project Typhoon
(Germany, Italy , Spain or the UK) or the Permitted Export
Customer end-users (Austria, Kuwait, Oman or Saudi Arabia) and
exported for work in pursuance of the project to a company or
maintenance in an eligible destination; that the export is eligible
under that project – see para 3(2) of licence; and for final exports
to Permitted Export Customers, if classified NATO RESTRICTED
or above, MOD Form 680 approval must have been obtained.
4.
For reference only, the current contractors (members
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of the Typhoon consortium), as of May 2016 are:
•
Eurofighter Gmbh whose members are: Leonardo Aircraft
(Italy), BAE Systems (UK) and Airbus Defence & Space
(Spain) and (Germany); or
•
Eurojet Turbo GmbH whose members are: Avio Aero (Italy),
ITP (Spain), MTU Aero Engines (Germany) and Rolls-Royce
(UK).
This list of companies is subject to change, due to company
consolidation, renaming or restructuring.
5.
Confirmation of eligible status can be obtained from:
Arms Control and Counter-Proliferation Policy
Export Licensing Casework Ministry
of Defence
2nd Floor Zone D,
Main Building
Whitehall
London SW1A 2HB
Tel: 020 7218 9080
Email:ACP-ELC@mod.uk
6.
(a) MOD Form 680 applications can be made via
Export Control Organisation’s electronic Licensing
System, SPIRE, at: www.spire.bis.gov.uk.
(b) Security Transportation Plan for material classified
CONFIDENTIAL, or SECRET or above, can be obtained
from:
Defence Equipment & Support (DE&S)
Principal Security Advisor
Security Advice Centre
Poplar - 1
MOD Abbey Wood
Bristol,
BS34 8JH
Tel: 030 67934378
Fax: 030 67934925
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e-mail: desinfra-securityadvicecentre@mod.uk
7.
An exporter who exports goods under the authority of this Licence
must, before their first exportation under the Licence, inform the
Secretary of State of their intention to export goods under this
Licence and of the address where copies of the said records may be
inspected.
This notification must be made via the Export Control
Organisation’s electronic licensing system, SPIRE, at
www.spire.bis.gov.uk.
8.
The Secretary of State has the power to suspend or revoke licences at any
time and in such circumstances and on such terms as they think fit. If an
exporter receives written notice to this effect, they will be prevented from
relying on this Licence. The power to suspend may be used in addition to
criminal prosecution or as an alternative. Suspension may occur for
example where an exporter is being investigated or prosecuted in relation
to a possible criminal offence, or has been found guilty of a criminal
offence under the export control legislation. It may also be used in
situations where an exporter has breached the conditions of the Licence
and failed to take corrective action within a reasonable period (see
condition 3(11)).
9.
Where, the ECO identifies failures in compliance with licence conditions
or the legislation during a compliance visit, the ECO may send a warning
letter to the exporter listing the improvements that need to be made to
ensure compliance. The letter will set out the timeframe within which
these improvements must be completed. Failure to complete these
improvements may lead to the exporter’s ability to use the licence being
suspended for a period of time.
10. The exporter may apply for Standard Individual Export Licences during
the period of suspension. Suspension will not automatically prevent them
from using another OGEL so long as they meet all its terms and
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conditions and that they have not received a letter suspending or
revoking their ability to use that licence.
11.
The provisions of this Licence only apply for the purposes of the Export
Control Order 2008.They do not affect the need to obtain other consents
that may be required for the export of particular technology, whether
under other statutory provisions (such as the Official Secrets Act 1989)
or otherwise (such as under contractual obligations).In addition, this
Licence
does
not
extend
to
prohibitions
implementing United Nations sanctions.
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in
other
legislation
© Crown copyright 2016
You may re-use this information (not including logos) free of charge in any
format or medium, under the terms of the Open Government Licence. Visit
www.nationalarchives.gov.uk/doc/open-government-licence, write to the
Information Policy Team, The National Archives, Kew, London TW9 4DU, or
email: psi@nationalarchives.gsi.gov.uk
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Any enquiries regarding this publication should be sent to:
Department for Business, Innovation and Skills
1 Victoria Street London SW1H 0ET
Tel: 020 7215 5000
If you require this publication in an alternative format, email
enquiries@bis.gsi.gov.uk, or call 020 7215 5000.
BIS/16/251
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